2015 (12) TMI 1158 - SC - Central Excise

Valuation - deduction of cash discount / interest on receivables - Finalization of provisional assessment - Held that - Tribunal in the impugned order, mentioned that the price charged in the invoices for sales on credit terms are of WHEEL BEARING GR 88 and ALL PURPOSE GRS 88 as ₹ 68.00 and ₹ 69.50 respectively. On the other hand, price charged in invoices for cash sales was ₹ 66.81 and ₹ 68.28 respectively. - Tribunal itself, after mentioning those prices, failed to notice that the difference between price charged on credit terms and cash sales was to the extent of 1.75 per cent, which was nothing but cash discount. - Invoices for sales on credit terms, interest for the credit period was in built in the credit price. - Impugned order is set aside - Decided in favour of assessee.

Summary

Issues:
1. Provisional assessment of excise duty based on interest on receivables.
2. Claim for deduction of interest on receivables in final assessment.
3. Tribunal's decision disallowing deduction of interest on receivables.
4. Appeal against Tribunal's decision and subsequent analysis by the Supreme Court.

Issue 1: Provisional assessment of excise duty based on interest on receivables
The appellant, a manufacturer of lubricating oils, requested provisional assessment for the period April 1996 to December 1996. The Assistant Commissioner ordered provisional assessment under Rule 9B of the Central Excise Rules, 1944, for clearances during that period. The appellant submitted documents supporting interest on receivables at the final assessment stage.

Issue 2: Claim for deduction of interest on receivables in final assessment
The appellant calculated interest on receivables at a specific rate per unit quantity and claimed this benefit in the final assessment. However, the Assistant Commissioner did not accept this claim, leading to a Show Cause Notice and subsequent Order-in-Original upholding the denial of the deduction.

Issue 3: Tribunal's decision disallowing deduction of interest on receivables
The Tribunal dismissed the appeal filed by the appellant, disallowing the deduction claimed on account of interest on receivables. It concluded that the price charged for credit sales did not include an element of interest, as evidenced by the invoices submitted by the appellant.

Issue 4: Appeal against Tribunal's decision and subsequent analysis by the Supreme Court
Upon review, the Supreme Court found the Tribunal's conclusions to be contrary to the record and deemed them as perverse. The Court highlighted that the price difference between credit and cash sales invoices reflected a cash discount of 1.75%. Thus, the Court allowed the appeal, set aside the lower authorities' orders, and quashed the demand. The appellant was also granted the consequential relief of a refund of the differential amount paid to the Revenue.

This detailed analysis of the legal judgment showcases the progression of the case from provisional assessment to the final decision by the Supreme Court, emphasizing the critical aspects of interest on receivables and the Court's ultimate ruling in favor of the appellant.